Dog fouling

Public Spaces Protection Order

The Antisocial Behaviour, Crime and Policing Act 2014 provides local authorities with powers to create a Public Spaces Protection Order (PSPO) where they are satisfied that activities carried out in a public place:-

have had, or are likely to have, a detrimental effect on the quality of life of those in the locality

is, or is likely to be, persistent or continuing in nature

is, or is likely to be unreasonable

justifies the restrictions imposed

Boston Borough Council implemented a PSPO from 1 February 2017. The full details are set out in the public notice below and in the Committee report at the bottom of this page.

In summary:

The PSPO introduced controls to deal effectively with:

Dog Fouling

The exclusion of dogs from fenced off children's play areas

Comply with a direction to put nuisance or dangerous dogs on a lead

Provide evidence of the means of a suitable receptacle to pick up dog faeces

The PSPO covers any place to which the public or any section of the public has access on payment or otherwise, as of right or by virtue of express or implied permission (s 74(1) of the Act). This means that the controls will apply to all land open to the air including agricultural land.

The Dogs (Fouling of Land) Act 1996 and associated By-Laws cease to have effect.

The PSPO will expire after 3 years, at which point a full review of the controls in place will be carried out and if necessary amendments will be made or the order will be extended for a further 3 years.

The controls do not apply to assistance dogs used by the blind or by persons who lack the physical ability to comply with the requirements of the PSPO.

Public Notice.

The Public Spaces Protection Order - (Boston Borough Council).

NOTICE IS HEREBY GIVEN THAT on the first day of February 2017 Boston Borough Council ('the Council') in exercise of its powers under the Anti-Social Behaviour Crime Policing Act 2014 proposes to make a Public Spaces Protection Order (PSPO), this will replace the current Dogs Fouling of Land Legislation.

The PSPO will cover any place within the administrative area of the Borough of Boston to which the public or any section of the public has access on payment or otherwise, as of right or by virtue of express or implied permission (s74(1) of the act). This means that the controls will apply to all land open to the air including agricultural land. The PSPO shall have effect for a period of 3 years and shall remain in force until 31 January 2020 unless otherwise revoked or repealed.

Dog Fouling

It will be an offence for any person in charge of a dog, which defecates on land specified within the Order, to fail to remove the faeces forthwith, unless he can show a reasonable excuse for failing to do so or the owner/occupier of the land has consented to his failing to do so.

It will be an offence for any person in charge of a dog to fail to provide evidence of the means of a suitable receptacle to pick up dog faeces when requested to do so by an authorised officer

This control will apply to all land within the administrative area of the Borough of Boston to which the public have access.

The offence does not apply to a person who is registered as a blind person, or to a person who is deaf in respect of a dog trained by Hearing Dogs for the Deaf and upon which he relies for assistance, or to a person who has a disability which affects their mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which they rely for assistance.

Dog Exclusion

It will be an offence for any person in charge of a dog to take the dog onto or permit the dog to enter or remain on land within a dog exclusion zone unless he can show a reasonable excuse for doing so or the owner/occupier of the land has consented to his doing so.

This control will apply to enclosed children's play areas within the administrative area of the Borough of Boston to which the public have access.

The offence does not apply to a person who is registered as a blind person, or to a person who is deaf in respect of a dog trained by Hearing Dogs for the Deaf and upon which he relies for assistance, or to a person who has a disability which affects their mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which they rely for assistance.

Dogs on lead by direction

It will be an offence for any person in charge of a dog to fail to put and keep the dog on a lead when directed to do so by an authorised officer unless he can show a reasonable excuse for failing to do so or the owner/occupier of the land has consented to his failing to do so.

This control will apply to all land within the administrative area of the Borough of Boston to which the public have access.

Fixed penalty notices

Boston Borough Council intends to issue fixed penalty notices to enforce the controls, the fine will be £100 and failure to pay may lead to summary conviction and a fine not exceeding level 3 on the Standard Scale.